Pianist Jayson Gillham to Sue the Melbourne Symphony Orchestra

Gillham claims the MSO breached the Equal Opportunity Act 2010 and the Fair Work Act 2009 in its response to his comments about Palestinian journalists

On August 14, 2024, the British-Australian pianist Jayson Gillham was removed from a planned concerto appearance with the Melbourne Symphony Orchestra (MSO), after he introduced and premiered a new work dedicated to journalists in Gaza during a solo recital on August 11, 2024, in MSO's Iwaki Auditorium.

The incident was scrutinized by media outlets and by the public, and the MSO initially apologized for their response — and they commissioned KPMG to run an independent external review into their processes. However, the orchestra quickly reversed its stance, releasing a statement through its lawyers claiming that Gillham abused his position.

Now, Gillham has filed legal proceedings against the MSO in the Federal Court of Australia. According to the Sydney Morning Herald, Gillham's lawyers will argue that the MSO's actions constitute direct discrimination based on political belief or activity, violating his human and workplace rights protected by the Equal Opportunity Act 2010 (Victoria) and Fair Work Act 2009 (Commonwealth). Gillham's lawyers are Michael Bradley (Marque Lawyers) and Sheryn Omeri KC.

The players of the MSO sent in a vote of no confidence in their board, and demanded that MSO managing director Sophie Galaise and Chief Operating Officer Guy Ross be sacked. Galaise lost her job, and according to The Australian, she is now also considering legal action against the MSO.

"I was silenced for speaking the truth — that Israel targets journalists," Gillham said in a statement. "This situation goes beyond just artistic freedom; it strikes at the heart of our right to free speech and the role of art in addressing important social issues. The MSO’s extreme reaction to factual statements highlights a disturbing trend of silencing voices that speak to uncomfortable truths."

"This battle is about ensuring that artists can perform with integrity and without fear of censorship or reprisal," he added. "More broadly, it’s about defending everyone’s right to express opinions on important issues without being silenced."

"There is nothing I would love more than to get back on stage to perform again with the wonderful musicians of the Melbourne Symphony. However, I have sadly been forced to take action to hold the management to account."

The MSO confirmed they had been served with Gillham's statement of claim.

"The Melbourne Symphony Orchestra is reviewing the court documents and will respond at the appropriate time," the orchestra said in a statement.